If you have lost your loved one due to another person's actions, you will probably want to go to court to demand that the liable party is held responsible for your loss. Florida law allows the deceased's family members and loved ones to recover wrongful death damages. Although, recovering these damages is not as easy as stating you think you deserve to be compensated.

Instead, the courts and state law require that you follow strict procedures and meet legal burdens of proof before someone else or an entity is held responsible in a wrongful death claim or lawsuit. This entails proving given legal elements and following specific guidelines, as we will see in this blog.

What Are the Elements You Need to Prove

Wrongful death might happen in a broad range of situations. Some of the conditions that might result in a wrongful death lawsuit/claim are:

  • Auto crashes
  • Nursing home neglect and abuse
  • Workplace accidents
  • Medical malpractice
  • Product liability

A wrongful death claim or lawsuit helps you seek legal remedy for:

  • Your loved one's demise,
  • Conscious pain and suffering, and
  • Any financial expenses and losses resulting from that demise

Essentially, wrongful death damages help relieve the financial difficulty resulting from your loved one's death— but only if your claim/lawsuit is successful. How do you ensure your claim/lawsuit is successful? The answer is by demonstrating the negligence or intentional act of the liable party.

Proving Negligence

If the wrongful death of your loved one was due to negligence, like most wrongful deaths are, unfortunately, you must successfully prove all the specific elements that constitute negligence. These are:

  • The guilty party owed the decedent a duty of care
  • They violated that duty
  • Their violation of duty caused injuries and eventually the demise of the deceased.
  • The deceased's death led to you suffering damages

Proving Duty of Care

To prove your loved one's wrongful death was due to negligence, you must show that the defendant owed the deceased a duty of care. Duties of care vary based on the kind of accident that took place. The jury will ultimately establish whether the accused owed the deceased a duty of care. These are examples of duties of care and how they can be violated: 

  • Property owners have the legal duty to ensure their premises are free from hazardous conditions.
  • Medical professionals are expected to offer the standard of care a similarly reasonable and trained professional would provide under the same circumstances.
  • Companies have the legal duty to sell safe products to their consumers and caution them about possible risks.
  • Motorists owe other road users the duty of care to drive reasonably and safely depending on the road and weather conditions and as a prudent person would.

Establishing Breach or Violation of Duty

Once you have proven to the jury that the accused owed the deceased a duty of care, you have to prove that they violated that duty. Considering the duties of care above:

  • If a property owner was aware or should reasonably have been aware of a dangerous condition and neglected to fix it or warn visitors, they have violated the duty of care.
  • If a nurse or physician's actions fall short of the expected standard and an error is committed, the duty of care is violated.
  • It can be considered a duty violation if a company sells or produces a faulty or unreasonably dangerous product without properly warning its customers.
  • A driver may breach this duty in different ways, including driving while distracted or drunk, violating traffic rules, driving aggressively or recklessly, or other negligent acts.

Proving Causation

After proving that the accused breached their duty, you have to show that their violation of duty contributed to or caused your loved one's injuries and eventually death.

Based on the unique facts surrounding your wrongful death claim/lawsuit, proving the causation of death can be either straightforward or quite complicated. The jury will consider both circumstantial and direct evidence. You, therefore, need a skilled personal injury lawyer to categorically state and describe the accused's wrongful act, omission, or negligence. You may need both legal and factual arguments. The foreseeability of the death from the negligent act may play a role in determining causation. Some of the pieces of evidence you can submit to support your case include:

  • Forensic data
  • Testimonies from medical experts
  • Witness testimonies
  • The decedent's medical records
  • Video footage and pictures of the accident
  • Police reports
  • Testimonies from other experts

Proving Damages

After establishing that your loved one's death resulted from the defendant's wrongful or negligent act, the next stage will be to prove you suffered damages due to their death. You can lose your wrongful death claim or lawsuit due to being incapable of proving that you suffered actual and quantifiable loss or harm. Therefore, you must provide sufficient proof that establishes the extent and nature of the damages you suffered. In a wrongful death case, damages are usually awarded to compensate for:

The Deceased's Loss

Florida law allows compensation for the suffering and losses the deceased went through from when they were injured to when they died. Some people may suffer injuries that do not seem fatal until weeks or several hours after the accident. For instance, in an intoxicated driving case, the victim might undergo ER treatment, inpatient hospital stays, and surgery before dying from the injuries. Essentially, damages for the deceased's loss compensate for:

  • The medical bills the deceased incurred before they died,
  • Their lost wages for the period they were in the hospital
  • Physical and mental suffering and pain they experienced before they died.

Economic Family Loss

Economic losses refer to expenses that are easily estimated or calculated. Economic losses in wrongful death cases compensate for:

  • The deceased person would have provided the benefits, commissions, bonuses, and wages if they lived until their retirement date. The total amount of these earnings can substantially increase the family state's worth.
  • The value of services the deceased cannot provide anymore, for instance, household services, yard work, transportation, child care, and car or home repair.
  • Medical bills related to the injuries from the accident, which the estate or family members paid on the decedent's behalf
  • Burial and funeral costs the estate paid for or a surviving family member paid for out of their pocket.
  • Lost financial support

Non-Economic Family Loss

Non-economic family losses are at times referred to as pain and suffering. They are expenses that do not have a definite dollar value. Florida law acknowledges that family members might suffer given conditions after the demise of their loved one, which may be challenging to calculate as a monetary sum. Therefore, non-economic losses compensate for:

  • Loss of consortium
  • Sorrow and grief
  • Emotional anguish and trauma
  • Loss of the deceased's companionship, love, guidance, care, comfort, protection, assistance, moral or emotional support, affection, society
  • Loss of enjoyment of life.
  • The emotional pain and suffering parents go through after losing their child.

Punitive Damages

Where the responsible party's conduct could be deemed extremely negligent or reckless, the deceased's family members may recover punitive damages. Punitive damages are awarded to punish the liable party and deter others from acting similarly to them. Generally, these damages are awarded if the negligent act committed was illegal. For instance, a drunk driver who caused a person's demise might be required to pay punitive damages to the deceased's surviving family members. The jury determines the value of the punitive damages.

Proving that you suffered damages is usually challenging and needs considerable expert evaluation. For instance, in establishing how much someone would have earned throughout their career, several factors must be considered, including the usual course of advancement for an individual in their position, life expectancy, education, inflation, abilities, and skills. Consequently, proving wrongful damages often needs you to present substantial proof, and help from a lawyer is invaluable.

Florida law permits the decedent's estate representative to file a wrongful death lawsuit in court. The decedent's children, spouse, parents, or immediate family can seek recovery.

It is worth repeating that you must have sufficient proof to satisfy the requisite burden of proof. A burden of proof refers to the amount of evidence you have to present to support your claim and convince a jury or judge that your loved one did suffer a wrongful death. You need not prove the wrongful death beyond any reasonable doubt. Rather, you must prove that it is more likely than not that the demise was wrongful. This burden of proof is known as a 'preponderance of the evidence.'

Note that the burden of proof is not a measure of the amount of evidence you present. For instance, just because you present more witnesses during the trial than the accused does not mean you have met the burden of proof. Instead, the court measures the credibility and quality of the proof. Failure to meet the burden of proof of any element of negligence will make you lose your case.

These legal terms can be confusing to a layperson. However, a highly skilled wrongful death attorney will fully know how to show all the required elements of your wrongful death lawsuit. You must also be prepared to respond to the defenses and the various issues that might arise for every category.

Proving Intentional Harm

Some wrongful deaths do not occur due to negligence. Instead, they arise from intentional acts of violence. The facts or elements you must prove to show your loved one's death occurred due to an intentional act are specific. They are:

  • The defendant intended to commit an act
  • The defendant made non-consensual contact with the deceased (this could include hitting them with a vehicle or using a weapon)
  • The contact led to the death

In most cases, deaths arising from violent acts lead to criminal charges for manslaughter or homicide. Criminal cases are handled distinctly from the wrongful death case. However, proof from the criminal case can help you with your wrongful death lawsuit, whether or not the accused is convicted. An experienced lawyer will know how they can use a criminal case to your advantage and improve your chances of recovering wrongful death damages.

Another Critical Element to Consider Is the Statute of Limitations

Like other kinds of personal injury suits, you must file a wrongful death lawsuit or claim within a specified period to increase the chances of its success. The specified period is set by a law known as the statute of limitations. In Florida state, the statute of limitations for wrongful death suits is two years from when the death took place (Florida Statute 95.11(4)(d)(2021). You will lose your legal right to file if you do not bring the wrongful death suit before the two-year deadline elapses.

Although, you can file your wrongful death claim at any time if the demise was due to manslaughter or murder, even if the defendant has not been convicted, charged, or arrested for the offense (Florida Statute 95.11(10)(2021).

Follow The Proper Filing Procedure

Some states allow the decedent's relatives to bring a wrongful death suit. But in Florida State, only the decedent's estate’s representative, also known as the executor, can bring a wrongful death suit (Florida Statute 768.20 (2021). Therefore, for the court to consider your wrongful death suit, do not file it yourself without going through the decedent's representative.

The personal representative might be selected during an individual's lifetime and named in an estate plan/will. Or, they may be designated after the demise if the decedent did not leave an estate plan or will. When the personal representative brings the lawsuit, they act on the decedent's estate's behalf and on behalf of their surviving family members. As a requirement, they have to list all possible beneficiaries when bringing the claim. And even though the executor files the wrongful death suit, any compensation obtained from the case is paid to the deceased's estate for their dependents and survivors' benefit.

Family members entitled to recover compensation in a wrongful death lawsuit are called beneficiaries. As a beneficiary, the state's wrongful death statutes allow you to recover damages for the deceased's losses and your losses associated with losing your loved one.

Note that only specified relatives are deemed beneficiaries of a wrongful death lawsuit. They are the deceased's:

  • Spouse— if you are the decedent's surviving spouse, you are entitled to claim the loss of companionship and comfort you suffered due to your loved one's death and damages for the psychological/emotional trauma that the unexpected loss of your partner caused.
  • Children— minors who have not attained maturity may recover compensation for the loss of benefits the dead parent provided, emotional support, and guidance.
  • Parents— if the decedent was only a minor, you as the parents are entitled to recover compensation for your loss of relationship with your child, lost future comfort and care, and emotional/psychological trauma resulting from the death.
  • Children of an unmarried couple— per Florida Statute, you are entitled to compensation after your mother's wrongful demise if you are a child born to unmarried parents. Although, you can only receive compensation in an unmarried father's wrongful death suit/claim if the father officially recognized you as his child and had a duty to support you.
  • Dependent family members— if you are an adoptive sister/brother or blood relative of the deceased, Florida law allows you to recover compensation if you entirely or partially depended on the deceased for financial services or support.

Expert Legal Representation Is Also a Requirement

Coping with a loved one's death while navigating the intricate legal system for compensation is overwhelming and stressful. You can easily feel helpless and become frustrated. A skilled wrongful death lawyer is invaluable at this moment. They can help you alleviate the pressure you are experiencing by offering legal representation. Essentially, a lawyer will help you by:

  • Conducting an initial case evaluation to establish the ideal steps to take
  • Timely filing of all the necessary paperwork and documents required for your case to proceed
  • Independently investigating your claim to collect proof for the case
  • Determining how much in compensation you deserve for your claim
  • Negotiating with insurers for adequate compensation
  • Preparing for and participating in a court trial if they cannot agree on a settlement with the insurance company

Expert legal representation will not only save you resources, but it will also give you valuable peace of mind.

Find a Knowledgeable Jacksonville Personal Injury Lawyer Near Me

If your loved one has died due to another person's intentional or negligent act, the last thing you would be thinking of is contacting an attorney. However, reaching out to one is necessary for addressing the situation because they can assist you with your wrongful death claim or lawsuit to recover compensation.

Although compensation might not ease the loss that the untimely demise of your loved one left behind, it can alleviate the financial burden. Therefore, reach out to an attorney so you do not need to be worried about the financial hardships arising from the untimely death of your loved one.

At Jacksonville Personal Injury Attorney, we have the experience and legal knowledge to help you receive just compensation for your wrongful death claim. We will scrutinize your specific case, uncover any liability, and aggressively fight for you to obtain what you deserve. Call us today at 904-800-7557 for a cost-free, confidential consultation.